Excelsior Correspondent
Srinagar, Aug 1: A local court here sentenced an accused for two-year jail with penalty for commission of offence committed by him under Negotiable Instrument Act to issue cheques to the complainants which were bounced due to insufficient funds.
The counsel appearing for complainant advocate Sameer Ahmad Dar while arguing the case submitted before the court that the accused owed an amount of Rs 5 lakhs towards the complainant and he being the innocent persons got influenced by the fraud played by the accused and did not return the said amount after making many requests by the complainant.
The complainant-counsel further contended that finally the accused issued two cheques for the amount in questions drawn at State Bank of India at Kupwara branch and while presenting the said cheques before the bank for encashment, the concerned bank returned the same with the remarks “insufficient funds” compelling the aggrieved persons to approach this court in order to seek redressal of his genuine grievances.
The Judicial Magistrate 1st class (3rd Additional Munisiff) presided over by Munir Ahmad convicted and accused Nazir Ahmad Mir proprietor of ZumZum Enterprise situated at Jawahar Nagar Srinagar in a cheque bounce case.
The court after his conviction awarded him a sentence of two years jail with penalty of half of the cheque amount which the court said to be paid to the complainant. Court has made it clear that in case the accused fails to pay the penalty amount then the complainant can avail remedy under law to recover the same including issuance of levy warrant against the accused-Mir.
The court while sentencing the accused said that he has dragged the complainant to litigation for the last more than five years and has deprived him of his money as such there appears no reason to take any leniency against the accused while inflicting the punishment.
“The punishment so inflicted upon the accused shall be executed by the Superintendent Central Srinagar by keeping the accused in his lawful confinement till the punishment is complete. Court directed the registry to serve the docket upon the concerned Superintendent in order to execute the punishment upon the accused as awarded.
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